Fair Trading (Fuel Prices) Act 1993

This Act organises its controls around a small set of interlocking legal concepts: recommendations and determinations (Parts 2), price offences and display rules (s 5, s 5A), investigatory powers and use-limits for information (s 6-7), and a measurement/recording regime for large transfers of certain fuels (Part 3). The dictionary gives operative definitions that materially shape obligations and compliance calculations.

Recommendation and determination

• Commissioner recommendation (s 3): the commissioner for fair trading may make written recommendations on three numeraires: maximum base wholesale price, maximum retail price, and maximum retail margin (s 3(1)). The matters the commissioner must or may have regard to are enumerated: the wholesale price for the purposes of Cwlth Competition and Consumer Act s 95Z(8) (s 3(2)(a)); prices in the Territory and in State capitals, particularly Sydney (s 3(2)(b)-(c)); consultations with the ACCC, motor trades and petroleum industry representatives (s 3(2)(d)-(e)); information furnished under s 6(1) (s 3(2)(f)); and anomalies or disparities that arise (s 3(2)(g)). These catalogue both quantitative comparators and stakeholder inputs.
• Ministerial determination (s 4): the Minister may make determinations on the items the commissioner may recommend, but any maximum base wholesale price must not exceed the actual price referenced in the Commonwealth Act (s 4(2)). Determinations are disallowable instruments (s 4(3)) and require additional public notice (s 4(4)).

Price offences and price display

• Price offences (s 5): once the Minister has determined a maximum base wholesale price, maximum retail price, or maximum retail margin for a specified fuel, selling or offering for sale above those limits is an offence without reasonable excuse (s 5(1)-(3)). Maximum penalties are significant (50 penalty units and/or imprisonment for 6 months).
• Price-display requirements (s 5A): a separate offence applies where a price board displays a discounted fuel price or a fuel price lower than the corresponding pump price (s 5A(1)). Discounted fuel price is defined as the price payable on the sale after a discount (s 5A(2)). Price boards are defined so as to capture visible signage at service stations (s 5A(2)).

Information powers and secrecy

• Power to obtain information (s 6): the commissioner may serve a notice on a “prescribed person” (see s 6(3) definition) to furnish specified information if, on reasonable grounds, the commissioner believes that the person can furnish information necessary for a recommendation (s 6(1)). Non-compliance and knowingly false or misleading compliance are offences (s 6(2)).
• Use of information (s 7): information furnished under an s 6 notice is limited in use: it must not, without reasonable excuse, be used other than in connection with a recommendation or a determination under this Act (s 7(1)). Contravention is an offence (s 7(2)). The statutory confidentiality restriction does not prevent disclosure to a court for prosecutions under s 6(2)(a) or (b) (s 7(3)).

Regulated transfers and temperature conversion

• Definitions (s 7A): for Part 3, “fuel” is defined narrowly as leaded petrol, unleaded petrol or distillate (s 7A(1)-(2)); a “regulated transfer” is a single consignment of at least 2 000 litres delivered to or withdrawn from a place in the ACT under an agreement for sale, purchase or exchange (s 7A(1)(a)-(b)).
• Temperature conversion rule (s 8): the volume of fuel in a regulated transfer must be measured or calculated as if the fuel were at 15°C (s 8(1)). Authorising transfers measured contrary to this rule, or fixing price/value by reference to such a contrary volume, is an offence (s 8(2)).
• Anti‑circumvention and contract effect (s 9): the 15°C rule applies notwithstanding contrary agreements, choice of proper law, and makes inconsistent contract provisions void to the extent of inconsistency (s 9(1)-(3)).
• Recordkeeping (s 10): suppliers authorising delivery must give recipients a statement with specified particulars at delivery or as soon as practicable after (s 10(2)). Failure to provide the statement is an offence (s 10(3)).
• Prohibition on charging (s 11): suppliers must not require payment for compliance with the temperature-conversion obligation or the record provision (s 11).

Definitions and calculation details

• Base wholesale price definition (dictionary): the base wholesale price excludes amounts per unit attributable to freight and Commonwealth duty payable by the wholesaler (dictionary base wholesale price). This affects how a cap under s 4 is to be interpreted in practice.
• Retail margin and retail price (dictionary): retail margin is defined as the difference between retail price and base wholesale price, excluding freight components in the retail price; retail price means the per-unit price payable on sale by retail without discount (dictionary). That interacts with s 5A’s concept of discounted fuel price.

Regulation-making and legislative instruments

• Regulations (s 12): the Executive may make regulations for the Act (s 12). Determinations are disallowable instruments; the Legislation Act governs notification and presentation.

Penalty-unit calibration

• Penalty units: the republication note records the penalty-unit values as at the republication date: $160 per unit for individuals and $810 per unit for corporations. Those monetary values matter when assessing the financial exposure of offences listed in the Act.

These concepts are closely connected. The investigatory powers feed the commissioner’s recommendations; ministerial determinations activate the price offences; the measurement and record-keeping regime addresses the physical sizing and accounting of large transfers; and definitional detail fixes how prices and margins are computed for enforcement. The Act centralises discretion with the commissioner and Minister while embedding statutory constraints (the s 4(2) cap, disallowable-instrument oversight, and evidentiary/record-keeping duties).

The Act identifies distinct groups of affected persons and entities. The statutory language makes clear who makes decisions, who is subject to obligations, who bears compliance costs, and who faces criminal sanctions.

Decision-makers and administrators

• Commissioner for Fair Trading: empowered to gather information (s 6), to make recommendations to the Minister (s 3(1)), and to have regard to specified sources in doing so (s 3(2)). The commissioner initiates the recommendation pathway and uses investigatory powers to gather evidence.
• Minister: holds the power to make legally binding determinations on price caps and margins, subject to the statutory cap in s 4(2), and is required to give public notice of determinations in addition to their registration as disallowable instruments (s 4(3)-(4)).

Businesses in the fuel supply chain

• Suppliers and wholesalers: defined in s 6(3) as “prescribed persons” if they supply fuel in the Territory; they can be required to furnish information to the commissioner and are the immediate subjects of base wholesale price caps when determined (s 6(1); s 5(1)). Suppliers who authorise regulated transfers of at least 2 000 litres have specific obligations: to measure volumes on a 15°C basis (s 8), supply an accompanying statement (s 10(2)), and not charge for conversion or the record (s 11).
• Retailers: subject to the retail price and retail margin caps if designated by a Ministerial determination (s 5(2)-(3)). Retailers are also directly affected by s 5A, which regulates price-board displays and prohibits showing discounted prices or prices lower than pump prices on visible signage.
• Parties to agreements that may affect price or supply: s 6(3)(b) captures persons who are party to agreements, arrangements or understandings that may affect or be connected with price or supply; such persons can be required to furnish information. This extends investigatory reach beyond direct sellers to actors in contractual networks.

Consumers

• Motorists and other fuel purchasers: potentially benefit from price caps and transparency rules; however, the Act does not itself require a determination; consumer effect only arises where the Minister issues a determination. Consumers are also affected indirectly by the temperature-conversion rule for bulk transfers and any price effects flowing from that measurement regime.

Other public bodies and third parties

• Australian Competition and Consumer Commission (ACCC): named as an actor whose engagement the commissioner may have regard to when making recommendations (s 3(2)(d)). The ACCC is not a decision-maker under this Act but is a consultative source.
• Motor Trades Association and petroleum industry representatives: specifically mentioned in s 3(2)(d)-(e) as consultation inputs; industry bodies are thus formally recognised as stakeholders whose submissions the commissioner should consider.

Geographic and extraterritorial reach

• Persons inside and outside the Territory: the definition of “prescribed person” in s 6(3) expressly includes persons whether within or outside the Territory who supply fuel in the Territory or are party to relevant agreements. That extends the investigatory arm beyond the ACT’s physical borders when the factual connection to supply exists.

Who faces criminal penalties

• Individuals and corporations: the Act’s offences are framed so that persons (which in ACT drafting includes bodies corporate unless otherwise provided) can be prosecuted. Maximum penalties are expressed in penalty units and imprisonment terms for specified offences (e.g. s 5, s 6(2), s 7(2), s 8(2), s 10(3), s 11). The republication note sets monetary value of a penalty unit for individuals and corporations as at the republication date.

Who pays for compliance

• Suppliers and retailers: the Act explicitly prohibits charging recipients for complying with the temperature-conversion and record obligations (s 11), allocating the compliance cost to suppliers/industry rather than to recipients. More generally, operational compliance costs (measuring on a 15°C basis, recording temperature at loading, maintaining systems to respond to s 6 notices, aligning price boards with pump prices) fall on businesses engaged in wholesale, supply and retail activity in the Territory.

Who decides contractual content

• Private contracting parties retain freedom to the extent that contract terms are not inconsistent with s 8, and s 9 makes inconsistent provisions void to that extent. Parties wishing to fix volume or price on a different basis for regulated transfers cannot lawfully do so to the extent inconsistent with s 8.

Who is protected or limited by confidentiality

• Persons furnishing information to the commissioner have statutory limits on how their information can be used, with s 7(1) forbidding use other than in connection with a recommendation or determination, subject to the prosecution exception in s 7(3).

In short, the Act affects public administrators (commissioner and Minister), wholesale suppliers and operators of fuel distribution, retail service-station operators, large-volume recipients, industry representative bodies, and consumers who may benefit from price limits if invoked. It also creates obligations that reach beyond territorial borders for persons whose supply or contractual arrangements touch the ACT market.

This section explains the principal statutory duties placed on actors and the rights or constraints that the Act creates. Every obligation below is grounded in the specific provisions cited.

Duties of the commissioner

• Information gathering and recommendation: the commissioner may, and in making recommendations must consider specified factors, including prices inside the Territory, prices in State capital cities (particularly Sydney), the actual wholesale price for Cwlth s 95Z(8) purposes, consultations with the ACCC, motor trades and petroleum industry, submissions received, and information furnished under s 6(1) (s 3(2)(a)-(f)). The commissioner is empowered to make written recommendations to the Minister on maximum base wholesale price, maximum retail price, and maximum retail margin for specified fuels (s 3(1)).
• Use of s 6 notices: the commissioner may require prescribed persons to provide information necessary for recommendations (s 6(1)). The commissioner must have reasonable grounds when issuing such a notice (s 6(1)).

Duties of the Minister

• Determination duties and restraints: the Minister may make written determinations on maximum base wholesale price, maximum retail price and maximum retail margin on the commissioner’s recommendation (s 4(1)). The Minister is constrained by s 4(2), which prohibits setting a maximum base wholesale price greater than the actual price applicable under the Commonwealth Competition and Consumer Act 2010, s 95Z(8). The Minister must ensure determinations are made as disallowable instruments and must give additional public notice of the determination (s 4(3)-(4)).

Duties of prescribed persons, suppliers, and retailers

• Furnishing information: a prescribed person served with a valid s 6 notice must furnish the information specified in the notice within the time and manner required (s 6(1)). Failure to comply without reasonable excuse, or knowingly furnishing false or misleading information, is an offence (s 6(2)).
• Pricing restrictions (post-determination): where the Minister has determined caps under s 4, a person must not sell or offer for sale by wholesale above the maximum base wholesale price (s 5(1)), sell or offer for sale by retail above the maximum retail price (s 5(2)), or sell by retail at a retail margin above the maximum retail margin (s 5(3)), unless they have a reasonable excuse. Each of these is an offence with prescribed penalties.
• Price-board displays: any person who uses a price board to display price of specified fuel must not display a discounted fuel price or a price lower than the corresponding pump price (s 5A(1)).
• Regulated-transfer obligations (suppliers who authorise delivery): a supplier who authorises delivery of a regulated transfer must ensure the volume is measured or calculated as if at 15°C (s 8(1)), must ensure the recipient receives a statement at delivery or as soon as practicable containing particulars required by s 10(2), and must not charge for compliance with the conversion or the statement requirements (s 10(2), s 11).

Rights and constraints

• Right to consultation and submissions: s 3(2) contemplates consultations with, and submissions from, the ACCC, Motor Trades Association, and petroleum industry representatives. This gives industry groups a statutory foothold in the commissioner’s deliberative process.
• Limited use of information: persons furnishing information are protected by the statutory constraint on the use of their information; s 7(1) restricts use to the Act’s recommendation/determination functions, and s 7(3) permits disclosure to a court for prosecution purposes. That creates a statutory confidentiality ceiling.
• Contractual rights and limits: contracting parties retain rights to frame agreements but are restricted by s 9. Any contract provisions inconsistent with the temperature-conversion requirement are void to the extent of inconsistency (s 9(2)); the rule applies despite a contrary agreement or foreign governing law (s 9(1), (3)).
• Right to administrative oversight: a determination under s 4 is a disallowable instrument, meaning it must be notified and presented to the Legislative Assembly under the Legislation Act. That confers parliamentary oversight on a Ministerial determination.

Reasonable-excuse thresholds and criminal liability

• Many offences are qualified by the presence of a “reasonable excuse” defence (e.g. s 5(1)-(3), s 6(2)(a) referencing failure to comply). The Act does not define “reasonable excuse”; that will be a matter for interpretation in enforcement actions.
• Several offences attract combined monetary and custodial penalties (commonly 50 penalty units and imprisonment for six months). The monetary exposure depends on the penalty unit value in force: the republication note records $160 per penalty unit for individuals and $810 per penalty unit for corporations at the republication date.

Recordkeeping and operational duties

• Accuracy and contemporaneity: s 10 requires that the supplier ensure the required statement is provided at the time of delivery or as soon as practicable after. The statement must include fuel kind, the loaded volume, temperature at loading, converted volume as if at 15°C, and any additions/removals.
• No pass-through of compliance costs: s 11 prohibits suppliers from charging recipients for complying with the temperature-conversion and record obligations.

Regulatory and enforcement rights

• Power to make regulations (s 12): the Executive may make regulations for the Act, including possibly prescribing further particulars required by s 10(2)(f). Regulations can expand practical compliance detail subject to the usual subordinate‑law process.
• Use of information in prosecutions: s 7(3) permits furnished information to be communicated to a court for purposes of prosecuting offences under s 6(2)(a) or (b).

Overall, the Act allocates duties primarily to the commissioner (information collection and recommendation), the Minister (final determinations), and commercial actors who supply, consign or retail fuel (information provision, pricing observance and, for large consignments, temperature-conversion and record-keeping). The statute balances investigatory reach and confidentiality limits, with significant criminal penalties for non-compliance.

The Act deploys criminal sanctions, investigatory powers, and administrative instruments to secure compliance. The enforcement package comprises statutory offences with fixed maximum penalties, investigatory notices with criminal consequences for non-compliance or false information, and formal administrative procedures for determinations that are subject to parliamentary oversight.

Penalties,monetary and custodial

• Monetary penalties are expressed in penalty units. The republication note states the penalty-unit values as at the republication date: $160 per unit for individuals and $810 per unit for corporations. The Act itself specifies maximum penalty units and custodial terms for various offences.
• Major price‑related offences (s 5): selling by wholesale above a determined maximum base wholesale price, selling by retail above a maximum retail price, and selling by retail at a retail margin above the maximum retail margin are each offences punishable by a maximum of 50 penalty units, imprisonment for 6 months, or both (s 5(1)-(3)).
• False or non‑compliance with information notices (s 6(2)): failure without reasonable excuse to comply with an s 6 notice attracts a maximum penalty of 50 penalty units. Furnishing information that is false or misleading in purported compliance attracts a maximum penalty of 50 penalty units, imprisonment for 6 months, or both (s 6(2)(a)-(b)).
• Use of information contrary to s 7(1) (s 7(2)): unauthorised use of information obtained under s 6 is an offence with a maximum penalty of 50 penalty units, imprisonment for 6 months, or both.
• Regulated-transfer offences (s 8(2), s 10(3), s 11): authorising a regulated transfer measured contrary to the 15°C requirement or fixing price/value contrary to it is an offence (s 8(2)), failure to provide the s 10(2) statement is an offence (s 10(3)), and charging for compliance with temperature conversion or record-keeping is an offence (s 11). Each carries a maximum penalty of 50 penalty units, imprisonment for 6 months, or both (s 8(2); s 10(3); s 11).
• Price-board offence (s 5A(1)): using a price board to display a discounted fuel price, or a price lower than the corresponding pump price, is an offence with a lesser maximum penalty of 20 penalty units (s 5A(1)).

Investigatory enforcement tools

• Notices to prescribed persons (s 6(1)): where the commissioner reasonably believes a person is a prescribed person capable of furnishing necessary information, the commissioner may serve a notice requiring furnishing of specified information within the time and manner specified. Non‑compliance engages the criminal penalties above (s 6(1)-(2)).
• Extraterritorial reach of notices: the “prescribed person” concept includes persons within or outside the Territory who supply fuel in the Territory or are parties to agreements affecting price or supply (s 6(3)). That gives the commissioner authority to require information even from non‑ACT entities, subject to practical enforcement limits.

Administrative oversight and procedural controls

• Disallowable instrument for determinations (s 4(3)): determinations made by the Minister under s 4 are disallowable instruments. That procedural status means determinations must be notified and presented under the Legislation Act and may be disallowed by the Legislative Assembly per the Legislation Act’s processes.
• Additional public notice (s 4(4)): the Minister must give additional public notice when making a determination. This is an enforcement-related transparency mechanism to alert affected market participants and the public.

Use and protection of information

• Use-limitation (s 7(1)): information obtained under s 6 is constrained to be used only in connection with a recommendation or determination under the Act, subject to a prosecution exception (s 7(3)). This creates a statutory channel for enforcement agencies and a limit on other use.
• Prosecution access (s 7(3)): information may be communicated to a court for prosecuting s 6(2) offences, which supports enforcement continuity.

Practical enforcement implications

• Evidence and recordkeeping: the Act’s offences are often fact-based (e.g. prices charged, volumes measured, whether a statement was provided). Enforcement will therefore rely on documentary records, measurement logs, and contemporaneous statements required by s 10. Suppliers and retailers should therefore keep robust records.
• Reasonable excuse liability standard: multiple offences are qualified by “reasonable excuse” defences; enforcement will necessitate fact-sensitive inquiries into whether a defendant had a reasonable excuse. The Act does not define the term.
• Potential corporate exposure: penalty-unit scaling means corporate defendants face substantially higher monetary exposure than individuals because the monetary value per penalty unit for corporations is higher (republication note). The Act attaches custodial exposure as well for responsible individuals in appropriate circumstances.

Limitations on penalties and rights

• Scope of price offences contingent on determinations: price-related criminal liability under s 5 only arises where the Minister has made the relevant determination under s 4. Absent a determination, the criminal price caps in s 5 do not apply.
• Contractual voiding in limited contexts: s 9 voids inconsistent contract provisions only insofar as they are inconsistent with the 15°C rule; it does not otherwise invalidate contracts.

Regulatory delegation and oversight

• Regulations-making power (s 12): the Executive may make regulations to support enforcement by prescribing details such as additional particulars required in s 10(2)(f), or specifying procedures for notices under s 6. Regulations must follow notification and presentation rules.

Taken together, enforcement combines criminal sanctions, investigatory notices backed by criminal penalties, documentation and measurement obligations that both create evidence for prosecution and impose compliance costs, and administrative oversight of executive determinations by the Legislative Assembly. The Act balances investigatory reach and information protection, but it places substantial compliance and evidentiary obligations on suppliers and retailers once regulatory instruments or determinations are issued.

The Act expressly links to and operates alongside a number of Commonwealth and Territory laws and procedural frameworks. These cross-references affect interpretation, constraints on power, administrative procedure and definitions.

Interaction with Commonwealth competition law

• Competition and Consumer Act reference (s 3(2)(a); s 4(2)): the Act requires the commissioner to have regard to the wholesale price that, for purposes of the Competition and Consumer Act 2010 (Cwlth), s 95Z(8), is the actual price applicable to that fuel (s 3(2)(a)). More significantly, the Minister is expressly prevented from determining a maximum base wholesale price greater than the actual price applicable under s 95Z(8) of the Commonwealth Act (s 4(2)). These citations incorporate a Commonwealth statutory benchmark into the ACT regime and provide an external ceiling on Ministerial price-setting discretion.
• Consultations with ACCC (s 3(2)(d)): the commissioner is required to consider any consultations with the ACCC. That channels expert or regulatory inputs from the national competition regulator into the ACT process.

Interaction with the Legislation Act (ACT)

• Disallowable instruments and presentation/notification rules (s 4(3); s 4(4)): determinations under s 4 are disallowable instruments. The Legislation Act dictates the notification and presentation processes and enables parliamentary oversight mechanisms such as disallowance by the Legislative Assembly. The Act’s explicit requirement for additional public notice of determinations is an extra procedural layer beyond the Legislation Act’s instrument registration.
• Definitions and statutory terms: the dictionary notes rely on the Legislation Act for several standard terms (e.g. commissioner for fair trading, Minister, person, the Territory) and the general rules about definitions applying across the Act (s 2 and notes referencing the Legislation Act, s 155 and s 156(1)).

Interaction with Fuels Rationing Act 2019

• Definition of fuel (dictionary): for the Act generally the dictionary says “fuel” means a fuel mentioned in the Fuels Rationing Act 2019, s 6, and includes electricity (dictionary). That cross-reference broadens the Act’s conceptual sweep beyond liquid hydrocarbons for some provisions, although Part 3 uses a narrower definition (s 7A(1)-(2)).

Interplay with contract law and choice‑of‑law

• Non-derogation and priority rules (s 9): s 9 expressly provides that the 15°C measurement rule applies even if there is an agreement or understanding to the contrary, and that such contractual provisions are void to the extent they are inconsistent with s 8 (s 9(1)-(2)). It further provides that the rule applies even if the proper law of the agreement is that of another jurisdiction (s 9(3)). This is a specific legislative intrusion on private contract freedom in the limited domain of temperature-converted measurement for regulated transfers.

Information sharing and confidentiality

• Use limitations vs. prosecution exception (s 7): s 7(1) restricts use of information provided under s 6 to recommendation/determination functions under the Act, while s 7(3) allows communication of information to a court for prosecution of s 6(2) offences. This sets a statutory partition for information sharing: restricted administrative use but permitted prosecutorial disclosure.
• Extraterritorial information obligations (s 6(3)): the power to require information from persons outside the Territory intersects with practical limits of enforcement across jurisdictions, but the statutory reach is explicit.

Regulatory instruments and subordinate legislation

• Regulation-making power (s 12): the Executive may make regulations for the Act, subject to standard subordinate law procedures under the Legislation Act. Regulations can fill out operational detail, such as further particulars to be included in s 10(2)(f) statements or technical measurement rules.

Criminal and civil enforcement parallels

• Penalties and prosecutorial mechanisms: the Act’s criminal offences will be prosecuted under ACT criminal procedure; s 7(3) permits provision of information to courts. The Act does not create civil causes of action directly; it instead criminalises specified conduct and uses administrative instruments to set enforceable maxima.

Amendment history and legislative context

• The endnotes record a succession of amendments and insertions across time (see the Amendment history and Legislation history sections), indicating the Act’s connections to broader ACT legislation projects such as consumer protection and justice-legislation packages. Changes have included insertion of the temperature-conversion provisions and Part 3, and changes to definitions and price-display provisions.

In sum, the Act is designed to operate in a regulated ecosystem: it explicitly imports reference points from Commonwealth competition legislation, uses the Legislation Act procedure for instruments and definitions, interacts with the Fuels Rationing Act for the meaning of “fuel” in some contexts, and imposes statutory limits on contractual autonomy for a narrow set of transactions. Its investigatory reach crosses territorial boundaries by design. These linkages create legal constraints on the Minister’s discretion, specify administrative process, and situate the Act within the ACT and Commonwealth legal architecture.

The Act has a documented amendment history set out in the endnotes of the republication. Key legislative milestones and textual changes are recorded below using the Act’s endnotes and amendment-history entries. All amendments cited are those recorded in the republication endnotes.

Founding and early changes

• Fair Trading (Fuel Prices) Act 1993 (A1993-40) was notified 29 June 1993 and commenced 29 June 1993 (Legislation history).
• Subsequent early amendments and consequential provisions were made by several Acts in the late 1990s, including Environment Protection (Consequential Provisions) Act 1997 (A1997-93), Tobacco Licensing (Amendment) Act 1998 (A1998-18), and Statute Law Revision (Penalties) Act 1998 (A1998-54). These amendments updated definitions and penalty structures; specifics are captured in the amendment-history endnotes.

Significant inserts and changes around 1999-2001

• Fair Trading (Fuel Prices) (Amendment) Act 1999 (A1999-45) inserted s 8 and s 9 and introduced the concept of regulated transfers (s 4 in earlier nomenclature); the amendment notes show that s 8 (When a volume of fuel must be temperature converted) and s 9 (Section 8 must not be circumvented) were ins A1999-45 s 5 (Amendment history).
• Fair Trading (Fuel Prices) Amendment Act 2001 (A2001-50) and related consequential amendments (A2001-44) made further changes, including insertion of s 10 (Record of temperature converted volume) and s 11 (Charging for temperature conversion prohibited) (Amendment history). These 2001 amendments consolidated recordkeeping obligations tied to the temperature conversion rule.
• Other Justice and law-refinement amendments in 1999-2001 (A1999-66; A2000-17; A2001-70) adjusted drafting and definitions across the Act, as recorded in the endnotes.

Subsequent revisions and additions to price-display and regulated-transfer regimes

• Statute Law Amendment Act 2007 (A2007-3) rewrote and relocated definitions into the dictionary and made drafting adjustments (Amendment history).
• Red Tape Reduction Legislation Amendment Act 2015 (A2015-33) and the Consumer Protection Legislation Amendment Act 2019 (A2019-2) added or adjusted provisions. Notably, s 5A (Price display requirements) was inserted by A2019-2 s 19 (Amendment history), creating the offence prohibiting certain price-board displays of discounted prices or prices lower than pump prices.
• Justice and Community Safety Legislation Amendment Act 2020 (A2020-42) inserted the Part 3 heading and made multiple relocations and amendments to the dictionary, consolidating definitions and clarifying the Act’s structure (Amendment history).

Recent amendments up to the republication date

• The most recent amendment recorded in the republication is Justice and Community Safety Legislation Amendment Act 2025 (No 2) (A2025-3), sch 1 pt 1.2, notified LR 14 March 2025 and commenced 21 March 2025 (Legislation history; Amendment history). The amendment history entries list A2025-3 amdt 1.4-1.7 and amdt 1.6 among textual changes to sections like s 3 and s 4, and dictionary definitions (Amendment history). The endnotes document relocation, insertion and deletion of various definitions (e.g. relocations of leaded petrol and unleaded petrol definitions and the omission of some definitions in A2025-3 amdt 1.7).

Structural changes over time

• Over successive amendments, definitions originally in s 2 were relocated into a dictionary by A2007-3 (amdt 3.231-3.233), and ancillary provisions were renumbered and re-titled (Amendment history).
• Part 3 and its defined terms for “regulated transfer,” “leaded petrol,” “unleaded petrol” and related technical definitions were introduced and adjusted in the 1999-2001 period and later consolidated by A2020-42 (Amendment history).

Nature of amendment entries

• The amendment history in the endnotes is detailed and records the statutory provenance of each inserted, amended or omitted provision, including specific amendment item references (e.g. “s 3 am A2000-17 sch 1; A2020-42 s 80, s 81; A2025-3 amdt 1.4, amdt 1.5”).
• The endnotes also identify the sequence of authorised republications and the legislative instruments that led to changes in the operative text.

What the amendment record shows functionally

• The Act has been iteratively developed: early price‑regulation and investigatory mechanisms date to the original 1993 Act; in 1999-2001 the temperature-conversion and regulated transfer regime was added and record-keeping obligations and enforcement were strengthened; in 2019 a price-display offence was added; in 2020 a structural consolidation relocated many definitions to a dictionary and inserted Part 3 headings; and in 2025 further technical amendments were made.
• The catalogue of amendments reflects a pattern of the legislature refining definitions and adding enforcement and transparency mechanisms over time, particularly in relation to measurement standards for bulk transfers and consumer-facing price display rules.

For practical compliance, parties should consult the most recent consolidated text (this republication effective 21 March 2025) and the Endnotes sections for granular amendment references. The disallowable-instrument procedure and the regulation-making power provide ongoing avenues for future change without primary‑law amendment, and the amendment history confirms the Act has been used as a vehicle for both technical and substantive adjustments over a multi‑decade period.

The republication document does not record any cases or judicial decisions arising under this Act. The endnotes and main text make no reference to decisions, appeals, or case law interpreting provisions of the Fair Trading (Fuel Prices) Act 1993. The Act’s own text also names no cases.

What this absence means for practitioners

• No recorded precedents in the republication: because the republication contains no litigation history, practitioners will not find statutory interpretation guidance, judicially articulated standards for “reasonable excuse,” or case law on the application of s 8’s 15°C rule in this document.
• Enforcement practice may still exist outside the republication: the absence of reported cases in the text does not preclude unreported enforcement actions, administrative resolutions, or prosecutions, but none are documented in the republication itself.
• Areas likely to generate litigation: the Act contains several features that are typically litigated in related statutes and which may invite judicial consideration:
  • Interpretation of “reasonable excuse” defences in s 5, s 6 and other offences.
  • Calculation and application of the base wholesale price and retail margin definitions in the dictionary for enforcement of caps (s 5; dictionary: base wholesale price; retail margin).
  • Application of the s 4(2) cap referencing the Commonwealth Competition and Consumer Act 2010 s 95Z(8) “actual price”,disputes could arise over the proper determination of that benchmark.
  • Compliance and evidentiary questions about whether a supplier has measured or calculated a regulated transfer “as if the fuel were at 15°C” (s 8(1)) and whether an accompanying statement in s 10(2) was supplied “at the time of the delivery, or as soon as practicable after the delivery.”
  • Extra-territorial issuance and enforcement of s 6 notices to prescribed persons outside the Territory and any related jurisdictional or statutory-immunity questions.

Research and due diligence recommendations

• Search external legal databases and tribunal records: because the republication does not include litigation history, practitioners seeking case law will need to search ACT court decisions, tribunal determinations, and prosecution records, and secondary sources such as legal databases, to identify any precedents.
• Monitor enforcement activity and administrative practice: decisions by the commissioner, enforcement notices, or prosecution guidelines (if any) may provide interpretative direction not reflected in the statute itself.

In short, the republication records no litigation history. Practitioners should not assume there is none; rather, they should undertake jurisdictional case-law searches and inquiries with ACT enforcement agencies if they require precedential guidance on interpretation, evidence, or prosecutorial approach under this Act.

The Act contains specific technical and procedural traps for the unwary. The following points identify potential pitfalls, each grounded directly in the Act’s text and definitions.

1. Price-offence activation depends on Ministerial determination

• The criminal price offences in s 5 target selling above maximums, but those maximums only exist if the Minister has made a determination under s 4. Absent a determination, s 5 does not criminalise ordinary pricing behaviour. Practitioners should not assume an automatic cap; check the disallowable instruments register and public notices (s 4(3)-(4)).

2. Base wholesale price excludes freight and wholesaler duty

• The dictionary defines base wholesale price as the wholesale price payable for the fuel excluding freight per unit and the amount per unit included on account of any duty payable by the wholesaler under Commonwealth law (dictionary). If an enforcement action tests calculation of a base wholesale price cap, freight and duty components must be excluded.

3. Retail price excludes discounts; discounted prices treated differently

• Retail price is defined as the price per unit payable on sale by retail without any discount applied (dictionary). s 5A targets “discounted fuel price” displays. A price board showing a discount or a price lower than the pump price is an offence (s 5A(1)). This can catch loyalty or promotional signage if the price board shows the after-discount figure or a lower figure than the pump. Retailers should ensure price boards show only the undiscounted retail price visible to passing traffic, and ensure pump pricing corresponds.

4. Price-board offence can be triggered by visible inconsistencies

• The definition of “price board” includes signage “visible to a person passing the service station” (s 5A(2)). Even temporary promotional signage visible from the road could engage s 5A, attracting a 20 penalty unit maximum. The Act treats price boards and pump displays as coordinated; a board showing a lower price than the pump is explicitly prohibited.

5. Temperature-conversion rule applies only to regulated transfers of ≥2 000L

• Section 8’s measurement-as-if-at-15°C requirement applies to “regulated transfers,” defined as single consignments of at least 2 000 litres delivered under an agreement for sale, purchase or exchange (s 7A(1)). Smaller consignments are outside Part 3. Parties trading in bulk and in smaller volumes must be careful about aggregation: the “single consignment” test may be relevant to whether s 8 applies.

6. Suppliers must produce contemporaneous statements and cannot charge for them

• s 10(2) requires a supplier to give a statement containing specific particulars “at the time of the delivery, or as soon as practicable after the delivery.” Failure to do so is an offence (s 10(3)). s 11 prohibits requiring payment for complying with s 8(1) or s 10(2). Suppliers who pass record-keeping costs to recipients or delay providing the statement risk criminal liability.

7. Section 9 overrides contractual choice-of-law clauses

• s 9(3) states s 8 applies even if the proper law of the agreement is that of another jurisdiction. Parties cannot avoid the 15°C measurement requirement by choosing a different governing law for their contract where the transfer is a regulated transfer to or from a place in the ACT. Contract drafters must be aware that s 9 limits choice-of-law effectiveness in this narrow context.

8. Extraterritorial notice power may reach non‑ACT entities

• The definition of “prescribed person” in s 6 includes persons within or outside the Territory who supply fuel in the Territory or are party to agreements affecting price/supply (s 6(3)). The commissioner may, on reasonable grounds, require such persons to provide information under s 6(1). Companies operating across jurisdictions should be prepared to respond to ACT information notices.

9. Use-limitation on furnished information may not be absolute

• s 7(1) restricts use of information furnished under s 6 to recommendation or determination functions, with a prosecution exception in s 7(3). However, other legal processes (e.g. subpoenas, law enforcement cooperation) or regulatory reporting may intersect with this constraint in ways that require careful handling. The Act’s confidentiality provision applies only to the use of information under s 6; it does not create evidential privilege or eliminate other legal disclosure obligations.

10. “Reasonable excuse” is undefined

• Several offences provide a defence of “reasonable excuse” without statutory definition. That leaves a fact-sensitive standard for courts to develop. Parties should ensure clearly documented compliance practices to reduce litigation risk and support any reasonable-excuse defence.

11. Ministerial discretion plus parliamentary disallowance

• Although the Minister has discretion to determine maximums on recommendation, s 4(2) places a substantive ceiling and s 4(3) makes determinations disallowable instruments subject to Legislative Assembly scrutiny. This two-layer process means a determination may be politically reversible; commercial actors should not rely on determinations as permanently stable regulatory inputs without monitoring legislative action.

12. Definitions in the dictionary affect operational calculations

• Terms such as retail margin, retail price, wholesale price and base wholesale price are tightly defined in the dictionary and materially affect compliance calculations under s 5. Practitioners must calculate margins and prices according to those definitions, not commercial practice or industry norms.

13. Part 3 fuel definition is narrower than the Act‑wide fuel definition

• For the Act generally, “fuel” references the Fuels Rationing Act 2019, s 6 and includes electricity (dictionary). However, Part 3 uses a narrower fuel definition limited to leaded petrol, unleaded petrol and distillate (s 7A(1)-(2)). Those working with electricity or other fuels should note that the temperature-conversion and regulated-transfer requirements in Part 3 do not apply to fuels outside s 7A(2).

14. Regulations may prescribe further particulars

• s 10(2)(f) allows other information to be prescribed under regulations. Those particulars could impose additional recordkeeping or disclosure duties; regulated entities should monitor subordinate legislation.

These “gotchas” arise directly from the Act’s definitions, prohibitions and procedural architecture. Practitioners and business operators should audit operational and contractual practices against these technical details to avoid inadvertent non‑compliance.

This section sets out practical, concrete compliance steps aligned to the Act’s express obligations. Each step references the statutory provision that creates the obligation or risk. The guidance is operational and intended to be integrated into compliance routines for suppliers, wholesalers, retailers and advisers.

Monitoring and regulatory watch

• Track determinations and public notices (s 4(3)-(4)): set up regular monitoring of the ACT legislation register and ACT government public notices for any disallowable instruments made by the Minister under s 4, and for the additional public notice required. Only after a determination is made do s 5 price offences potentially apply.
• Monitor regulations (s 12): subscribe to ACT subordinate legislation updates for regulations that may prescribe information under s 10(2)(f) or otherwise add compliance detail.

Documented pricing procedures

• Adopt price-calculation policies consistent with the dictionary: implement accounting procedures to compute base wholesale price, retail price and retail margin consistent with the dictionary definitions. Ensure freight and Commonwealth duties applicable to wholesalers are excluded when calculating base wholesale price (dictionary: base wholesale price).
• Prepare to adjust quickly if a determination is made: maintain procedures to change wholesale and retail pricing in the event of a s 4 determination, including automated price‑cap checking in point-of-sale and wholesale billing systems.

Price-board and pump-display compliance (s 5A)

• Ensure visible signage compliance: ensure price boards visible to passing traffic display the undiscounted retail price (retail price means price without discount per the dictionary). Do not display discounted fuel prices on the price board. Confirm pump displays and board displays match; avoid boards showing a price lower than the pump price.
• Audit promotional materials: loyalty offers and discounted-per-litre promotions should not be displayed on public boards; instead use pump displays or in-store signage in a manner that does not contravene s 5A.

Responding to s 6 notices and information governance

• Designate a response team: appoint a responsible officer or team to handle s 6 notices, with clarity on timelines and required formats (s 6(1)). Notices may apply to persons within and outside the Territory (s 6(3)), so ensure jurisdictional coordination.
• Keep accurate and contemporaneous records: maintain ledgers, supply agreements, invoice records, tanker load sheets, temperature logs, delivery dockets and electronic records to support any required responses. Given heavy penalties for false or misleading information (s 6(2)(b)), authenticate records and avoid speculative or unverified statements.
• Maintain confidentiality protocols: handle information provided to the commissioner under s 6 in line with the use-limitation in s 7(1), and expect potential disclosure in prosecutions per s 7(3).

Operational compliance for regulated transfers (Part 3)

• Identify regulated transfers: flag consignments of 2 000 litres or more as regulated transfers per s 7A(1)(a). Implement procedural checks to ensure these consignments are measured or calculated as if the fuel were at 15°C (s 8(1)).
• Measure and convert volumes: develop standard operating procedures and measurement equipment calibration regimes for converting volumes to a 15°C basis. Document conversion methods, formulas used and device calibrations.
• Provide required statement at delivery (s 10(2)): the supplier must ensure the recipient receives a statement that includes fuel kind, volume loaded, temperature at loading, volume converted to 15°C, whether quantities were added or removed post-loading, and any other prescribed particulars (s 10(2)(a)-(f)). Prepare standardised delivery statements and digital copies to supply at time of delivery or as soon as practicable thereafter.
• Do not charge for conversion or records (s 11): ensure billing systems and contractual terms do not include a pass-through charge for compliance with s 8(1) and s 10(2). Where existing contracts include such terms, seek amendment to avoid contravention.

Contract drafting and review

• Review contracts for inconsistency with s 8: eliminate or amend contract clauses that would attempt to fix volumes or pricing on a basis inconsistent with the s 8 15°C rule for regulated transfers. s 9 makes inconsistent provisions void to the extent of inconsistency and applies despite a foreign governing law (s 9(2)-(3)).
• Document allocations of risk for measurement: where measurement variability exists, specify which party bears measurement risk, but ensure the contractual allocation does not purport to contravene statutory measurement requirements for regulated transfers.

Compliance training and record retention

• Train staff on measurement, signage and notice-response obligations: operational personnel, drivers, station managers and contracts staff should be trained on the 15°C conversion requirement, the contents of the delivery statement, price-board rules, and how to respond to s 6 notices.
• Retain records for enforcement timeframes: while the Act does not specify retention periods, practitioners should adopt retention policies that preserve relevant documents for a prudent period (e.g. multiple years) to respond to enforcement action or requests.

Audit and internal controls

• Regular internal audits: perform periodic audits of price-board displays, pump prices, delivery statements for regulated transfers, measurement conversion records, and any discounts communicated to customers.
• Legal review and compliance attestation: have a legal or compliance team periodically attest to compliance with s 5A, Part 3 obligations and the organisation’s capacity to respond to s 6 notices.

Engage with consultation channels

• Proactively engage with the commissioner and other regulators: the Act contemplates consultations with ACCC and industry bodies (s 3(2)(d)-(e)); industry engagement may influence future recommendations and determinations. Submit evidence-based data when approached and maintain a record of submissions.

Prepare for enforcement risk and dispute resolution

• Evidence-based compliance: ensure that pricing decisions are documented, with rationale and calculations stored. Transparency and contemporaneous documentation strengthen defences where “reasonable excuse” might be argued.
• Consider insurance and contractual indemnities: evaluate whether insurance or indemnity arrangements are available for regulatory enforcement risks and whether contracts with customers or suppliers appropriately allocate liability arising from non-compliance (while noting limitations of contracting under s 9).

Coordinate across jurisdictions

• Multi-jurisdictional coordination: because s 6 can be applied extraterritorially and because the dictionary references Commonwealth law, companies operating in multiple states/territories should align their ACT compliance with national procedures and data flows. Ensure the organisation can produce the specific data the commissioner may request and coordinate legal responses with corporate counsel in other jurisdictions.

In summary, compliance requires monitoring the regulatory environment, operational controls for measurement and records, careful price-signage management, robust data governance to respond to s 6 notices, contractual review to remove inconsistent terms, and staff training. These steps map directly to the Act’s operative provisions (s 3-11 and the dictionary) and are intended to reduce the risk of criminal exposure and regulatory disruption.